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Can I sue my oral surgeon?

Kutztown, PA | November 16, 2011 8:55pm

I had 3 wisdom teeth removed about 2 months ago and was in extreme pain for a month in a half but only from the top right extraction sight so I call the office told them I was still in a lot of pain they told me to come in looked at it very quickly gave me pain killers and sent me on my way. Since then 3 large pieces of tooth has come out of the sight and now I found out there is still half of the tooth is still in there. I am still in extreme pain and now it looks like I will have to get another surgery to get the out. Can I sue over that? At least for enduring the pain twice because of the oral surgeon?

Maybe. It would not be a big lawsuit, but it is possible you can recover something for your pain and suffering for those few days. You will have to consult with a local attorney to see how much a lawsuit would cost vs. how much you could recover for your pain and suffering. Of course, if you stand to recover more than your costs plus attorney's fees, then you may want to pursue litigation. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Ordinarily, my answer to a question like yours is, "Sure you can sue. Whether you'll win and whether it will be worth it (or not) is another matter." However, Pennsylvania has special rules that apply to professional malpractice claims that may require you to have a written statement from an appropriate independent expert before you can successfully proceed with a lawsuit.

Moreover, litigation generally and malpractice litigation specifically are procedurally complex processes that I would not recommend you handle without a lawyer. So, my best advice is that you consult with a local injury or malpractice lawyer, preferably more than one. Almost all of us offer free consults so take advantage of that.